‘WHAT IS A NOTARY PUBLIC?’

This brochure explains, in clear and simple
terms,
the function and purpose of the Notary Public
office in the United States.
The National
Notary Association provides this
important information as a public
service to
consumers, immigrants and others who
depend on Notaries to lend trust to their
documentary transactions. As
an advocate
for sound notarial laws, the NNA is in
strong support of the Federal Government’s major
initiative to combat
abuses of consumers and immigrants.

What is a Notary Public? A responsible person appointed by state government to
witness the signing of important documents and
administer oaths.

Why are documents notarized? To deter fraud. An impartial witness (the Notary) ensures that
the signers of documents are who they say they are and not impostors. The Notary
makes sure that signers have entered into agreements knowingly and willingly.
In a society in which business dealings between strangers are the norm rather than
the exception,
Notaries create a trustworthy environment where strangers are able to share documents
with full confidence in their authenticity.

May any document be notarized? For a document to be notarized, it must contain: 1) text
committing the signer in some way, 2) an original signature (not a photocopy) of the
document signer, 3) a notarial “certificate”
which may appear on the document
itself or on an attachment. The Notary fills in the certificate, signs it, then
applies his or her seal to complete the notarization.

Is notarization required by law? For many documents, yes. Certain affidavits, real estate
deeds and other
documents may not be legally binding unless they are properly notarized.

How does a Notary identify a signer? Generally, the Notary will ask to see a current identification
document that has a photograph, physical
description and a signature. A driver’s license,
military ID or passport will usually be acceptable.

How much does a notarization cost? Fees vary — as much as $10 in some states and as little as
50 cents in others — according to state law.

Does notarization mean that a document is “true”
or “legal”? No. Notaries
are not responsible for the accuracy or legality
of documents they notarize. Notaries certify the
identity of signers. The signers are responsible for the
content of the
documents.

May a Notary give legal advice or draft legal
documents? Absolutely not. A Notary is forbidden from
preparing legal documents for others or acting as a legal advisor unless he or
she is also an attorney. Violators can be fined or jailed for the unauthorized practice
of law.

May a Notary notarize immigration forms? Only a few immigration forms need to be notarized, including the
Affidavit of Support (I-134).

May a Notary prepare or offer advice on immigration forms? U.S.
Citizenship and Immigration Services (USCIS)
regulations state that no one may
help prepare or file another person’s immigration papers unless he or she is an attorney
or a U.S. Justice Department-approved “accredited representative.” Nonattorneys may
provide clerical, secretarial or translating assistance with USCIS forms, as long
as no advice or interpretation is given. Courts have held that even a nonattorney’s
selection of which legal forms to complete can
constitute the unauthorized practice of law.

May a Notary refuse to serve people? Only if the Notary is uncertain of a signer’s identity,
willingness or
general competence, or has a good reason to suspect fraud. Notaries should not
refuse to serve anyone
because of race, religion, nationality,
lifestyle, or because the person is not a client
or customer. Discrimination on any basis is not a suitable
policy for a
public official.

How does a U.S. Notary differ from a Notario
Publico ? A U.S. Notary is not the same as a Latin
Notario
Publico. In Latin
America, a Notario Publico is a high-ranking official like a judge, or an
attorney. Unlike a
Notario Publico, a U.S. Notary is forbidden from preparing legal documents or giving
advice on immigration or other matters, unless
he or she is also an attorney.

Where do I report illegal or improper acts by a
Notary? Any wrongdoing or
illegal activity should be reported to law enforcement or to the appropriate state Notary-
regulating office
(secretary of state, governor, lieutenant
governor or attorney general).

We are NOT "Notarios"

In many Hispanic countries a
Notarios Publicos is a highly
trained professional in the law of the
country. They provide legal advice and draft
legal documents. These are similiar to what
we call an attorney. At Your Roaming
Notary,we are Notary Publics.Even
though we are highly trained, and our title
translate into Notarios Publicos
,we are not trained in law, or to the same
degree as a Notarios.